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Joint Petition for Modification of Judgment

Joint Petition for Modification

A Joint Petition and Affidavit for Modification of Judgment soon will be available for use in The Probate & Family Court. This will be a welcome tool for folks utilizing mediation services.  Parties will be able to mediate modification agreements and then file them with the court using a Joint Petition.   The proposed Rule 412 will facilitate uncontested actions to modify judgments.  The filing may be approved by the Court administratively.  That means you won’t have to go to court, unless the court determines that a hearing is necessary or helpful for disposition of the petition.

The Massachusetts Probate & Family Court is planning  to permit folks to file a Joint Petition for Modification of Judgment. Parties that wish to file a joint petition will file a signed and notarized agreement, accompanied with an affidavit.  In matters involving changes to financial terms, the parties will also file financial statements and/or child support guidelines worksheets.   This new process will save time, money and relieve the long lines in the Probate & Family Court.   Unless the court schedules a hearing, you will have your decision in fourteen days.

This is a welcome tool to assist families that want to make changes to their divorce agreements. Filing a Joint Petition for Modification of Judgment will be less costly than going through a traditional process of filing a Complaint for Modification.   Using mediation to discuss proposed changes to parenting plans, Alimony and child support, will keep open lines of communication.  You stay in control of the process and avoid litigation.  The divorce mediators at Parker Mediation will facilitate the process to modify your judgment.  We keep it simple and confidential; call us today at 508 795 0200 to take the next steps.

Alimony Reform Act of 2011

This week Gov. Deval Patrick signed the Alimony Reform Act of 2011. The provisions of the new law take effect on March 1, 2012. The mathematical algorithm for determining alimony is fairly complex, but the new alimony law generally reduces the duration of time alimony payments will occur following divorce. Anyone considering divorce should be aware of the changes and plan accordingly.

Folks that are currently receiving or paying alimony will want to review options created by the new law reforming alimony in Massachusetts. In many cases parties will want to seek a complaint for modification because the existing alimony judgment exceeds the durational limits set forth in the new law. A set schedule establishes the transition period for the filing of these types of complaints.

Payors who were married to the alimony recipient 5 years or less, may file a modification action on or after March 1, 2013. Payors who were married to the alimony recipient 10 years or less, but more than 5 years, may file a modification action on or after March 1, 2014. Payors who were married to the alimony recipient 15 years or less, but more than 10 years, may file a modification action on or after March 1, 2015. Payors who were married to the alimony recipient 20 years or less, but more than 15 years, may file a modification action on or after September 1, 2015.  Also, any payor who is eligible for the full old-age benefit under the United States Old Age, Disability, and Survivor Insurance Act, 42 U.S.C. 416, or who will become eligible for said benefit on or before March 1, 2015 may file a complaint for modification on or after March 1, 2013.

The transition period provides the opportunity for people to plan accordingly. If you and your ex-spouse plan ahead and communicate openly, the topic of alimony will be easier to handle. If you are facing changes as a result of the Alimony Reform Act of 2011 and would like to mediate rather than go to court, feel free to contact us at Parker Mediation 508 795 0200 to schedule a free consultation.

Alimony In Divorce

The decision to divorce is often a difficult choice, but once made, it is time to start planning.  If you are nervous about your financial future or the topic of alimony, do not worry; you are not alone.  Mediation allows parties to talk through their feelings and fears about alimony in a safe and confidential setting. 

Confidential discussions during mediation provide parties a productive opportunity to discuss alimony in a stress-free environment.  Guidance from the mediator helps to determine whether alimony is appropriate in the grand scheme of the divorce plan.  Planning budgets to project the income and expenses of the parties and other family members, if children are involved, is a useful exercise.  While divorce can be a financial hardship, the effects of the divorce are minimized by making and following budgets.   Alimony is a tool the parties can use to make a healthy financial plan. 

Parties using mediation decide the issue of alimony with self-determination.  This is often more satisfying than leaving it up to the lawyers or judges, who themselves are often perplexed and challenged to determine what is fair.  Alimony reform is adding even more uncertainty on the topic.    There are several suggested formulas or guidelines to explore.   The MBA/BBA guidelines, the Ginsburg formula, the Scandurra formula, and the 1/3 formula all provide frameworks for analyzing potential alimony amounts and duration. 

Some guidelines suggest durational limits on alimony in relation to the length of the marriage.   Sometimes courts leave duration open ended, perhaps rationalizing that either party may file a complaint for modification in the event of a change in material circumstance.   In mediation, the parties decide what is right for their unique situation.  The flexibility found in mediation is better suited to creating a plan that is agreeable to both parties. 

Alimony is a difficult topic, because no two cases are the same; every divorce is slightly different.   By exploring many different scenarios, mediation participants will have a better understanding of the options and the implications each formula provides.   Mediators are well suited to encourage the creativity of the parties themselves in formulating the divorce plan on an individual basis.  In mediation, the decision about alimony is yours to make.  With guidance, you will make the right choice, because it will be yours. 

Two thirds of help is to give courage. – Irish Proverb

In Massachusetts Alimony is Spousal Support

Don’t be afraid of the “A” word, spousal support is a topic that must be considered in every divorce. When there is economic disparity in wages earned by each spouse, alimony is a tool to assist the financial restructuring of the family. Alimony is gender neutral, it is not punitive, and it is flexible. Alimony may be used for short term or long term arrangements and is dependent upon the needs of the recipient spouse and the financial ability of the payor spouse. Alimony often works in synergy with child support, so it is important to consult financial advisors to determine the tax consequences of an alimony order. This is also true in cases where no children are involved.

Alimony is discretionary, there is no simple formula to make a predictable determination of what a court might order. Under Massachusetts law the court shall consider: the length of the marriage, the conduct of the parties during the marriage, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties, the opportunity of each for future acquisition of capital assets and income, the nature and value of the property to be so assigned, the present and future needs of any dependent children of the marriage; and the court may also consider: the contribution of each of the parties in the acquisition, preservation or appreciation in value of their respective estates and the contribution of each of the parties as a homemaker to the family unit, in making an alimony order.

Your mediator will guide you through a critical analysis of the facts of your individual case. In mediation you remain in charge and you and your spouse will determine whether alimony is appropriate, what amount is fair and for how long alimony will continue. Breaking down the family finances and developing a plan to meet the future needs of the reorganized family will determine whether alimony is a tool that will help meet those future financial obligations.

The Worcester, MA divorce lawyers and family mediators at Parker Mediation serve the Central Massachusetts and Boston metro-west communities such as Clinton, Framingham, Fitchburg, Leominster, Marlborough, Millbury, Shrewsbury, Sutton, Westborough and Worcester, Massachusetts.

The Cape Cod divorce lawyer and family mediators at Parker Mediation serve the local communities of Barnstable, Chatham, Falmouth, Hyannis, Mashpee, Provincetown and the entire Cape and the Islands.